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As per case facts, two real brothers entered into a partnership business. A dispute arose over alleged fund misappropriation, leading to the plaintiff's first suit for prohibitory injunction, which was
...dismissed as not maintainable, with the court suggesting a suit for dissolution and rendition of accounts. Although a compromise was attempted, it failed. The High Court, in the previous appeal, confirmed the partnership dissolution via a notice in 1998. Subsequently, the plaintiff filed the current suit for partnership dissolution and rendition of accounts. The defendant appealed, arguing the suit was barred by Order 2 Rule 2 CPC and by limitation. The question arose whether the current suit for rendition of accounts was barred by Order 2 Rule 2 CPC or by limitation, given the distinct cause of action for each suit and the defendant's acknowledgments. Finally, the High Court held that the suit was not barred by Order 2 Rule 2 CPC as the causes of action were different, nor by limitation, as the plaintiff's rights subsisted until the firm's winding up, and the defendant's repeated acknowledgments extended the limitation period.
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